Court case determines church must shut down
Pastor, congregation face forced removal from their own building
Posted: December 30, 2011
10:00 pm Eastern
By Dave Tombers
© 2011 WND
 Church in Paramus, N.J. (Image by Jeremiah Smaha) |
AChristian and Missionary Alliancecongregation inParamus, N.J., is facing a forced removal from a debt-free building the congregation has owned since 1929 this weekend, and they are blaming their own denominational officials for the impending ministry doom.
The Metropolitan District of theC&MAhas filed a lawsuit, invoking a "reversionary" clause in documents they claim link theParamuscongregation to theC&MA. This clause, they say, allows them to step in and take over all assets of a church and their demand of the court is for the judge to order the church's shutdown.
According to court documents the district wants the assets of theParamuschurch to use to further its mission among other churches.
Pastor Joseph Smaha tellsWNDthat the congregation built the building from the ground up without one penny of help from theC&MA, yet now stands to lose it all to them in the disturbing situation.
Well over a half a million dollars worth of real estate, owned free and clear by the congregation, could be turned over to theC&MAif the CommunityAlliance ChurchofParamusdoesn't find a miracle this weekend.
So far the courts haven't been very helpful.
A judge has ordered that theC&MAcan change the locks and evict theParamuscongregation, which is set to happen in just a matter of hours, or days at the most, following a brief reprieve so the congregation could celebrate Christmas in its own building.
"Under the theory of separation of church and state, the court has been taking an ecclesiastical legal approach to this matter," says E. Allen Macduffie, theParamuscongregation'sattorney.
(Story continues below)
 |
"Basically, if the church denomination says they can do this, the court prefers to agree and let the denomination handle its own matters," Macduffie toldWND.
"If the court would simply apply natural law, there'd be no question that this small congregation would win."
According to Smaha, the small church took a vote to become affiliated with theC&MAdenomination in the 1990s, although he tellsWNDthat there are huge questions on whether the process was ever fully completed.
"Representatives from the [Metropolitan] District office came to the church before the congregation voted, and then never came back," Smaha toldWND.
"We thought we'd get some certificate, or letter. Anything from theC&MAwelcoming us to the group. … Instead we never heard a thing."
Smaha says the small church was out-of-sight-out-of-mind until someone from the district realized what a nice, valuable piece of property theParamuscongregation had built up.
 Church in Paramus, N.J. (Image by Jeremiah Smaha) |
"Suddenly the district tells us we're not a viable congregation, and they are invoking the reversionary clause," he tellsWND.
That's despite growth in recent years from a low of about 20 in attendance to the current nearly 100. The church also provides a separate service for a Hispanic congregation, it has money in the bank and no debt.
Smaha said the denomination never has contributed a penny to the work.
He tellsWNDthat back in 1996 one elder questioned the district representative about the so-called "reversionary" clause.
"He was a nice, old World War II vet, who wanted to make sure our congregation wasn't being taken advantage of," Smaha tellsWND.
"The district told him, 'that clause will never, ever be invoked' except in an extreme case such as a congregational split, false teaching, or if the church just closed its doors one day," Smaha said.
Instead, just a few years later, the church stands to lose everything, because of that very clause.
WNDhas repeatedly tried to reach the District Superintendent, Bruce Terpeson, who has declined to respond.
WNDspoke to Dan Wetzel, the interim vice president of church ministries for theC&MA, which is based in Colorado Springs, Colo.
"I don't have anything to do with theParamussituation," he toldWND.
He toldWNDthat the district superintendents are the overseers of all matters involving churches, and not the national headquarters. When asked if he provides any oversight to the district superintendents, he replied, "No. We are not a hierarchical body."
"Each district acts independently."
He toldWNDthat there is never a case where the national headquarters for theC&MAwould "ever step in" to help a struggling pastor or church.
"We provide no direction or oversight to our districts whatsoever," he said.
"If we're invited to, we may consult with the districts," he added.
Smaha tellsWNDthat the 82-year-old church has been through a lot over the years, and that in the lean years post-9/11 he even took a full-time job as a local firefighter so the congregation didn't have to pay his salary.
In 2006, he offered to purchase the parsonage he and his family had access to, so the church could use the proceeds of the sale for much needed renovation of the sanctuary.
In 2009, a few years after the renovation, a district representative paid the pastor a visit after being called for spiritual guidance on a disciplinary matter, and according to Smaha, "was shocked at how nice the church now looked."
"The district had no idea we had even fixed the church up," said Smaha.
Not long after that, the district launched its action to close the congregation down. In fact, Smaha said the conference cited the fact he offered to pay the building's electricity bills several years earlier as a sign it was in trouble now.
"I begged the district to come see what the Lord is doing in our church," he said. "They told me it doesn't matter."
That's when Smaha and a few others did a little research, and made a disturbing discovery.
"Closing down congregations, taking over their assets and selling everything off, under the guise of the reversionary clause, seems to be a trend with theC&MA," Smaha says.
James Sundquist has researched the subject and has produced a DVD documentary that explores what he calls the hijacking of churches in a title called, "Making Merchandise of Men's Souls."
He documents many similar cases on hisPerfectPeacePlan.com website.
Sundquist points to a number of congregations that have had theC&MAstep in, seize their assets, padlock the doors, and sell everything off.
"It's interesting that they only close down 'debt-free' congregations," he says. "You don't usually see them take this action with a church that rents space every Sunday."
"Bernie Madoff has got nothing on these guys," he tellsWND.
WNDalso spoke with Pastor Joe Broze, of Chester, Pa.
His congregation was targeted by theC&MA, but through some legal maneuvering he was able to thwart the hostile takeover.
Not that the victory amounts to much more than an empty building, however.
Because of the fight, his small church, now renamed the Independent Bible Church of Chester, has been struggling to reattract the congregation that was scared off thinking the church was going to close.
In the midst of his battle with theC&MA, Broze was in a seriouscar accidentthat left him in critical condition. His son, an EMT, emailedC&MADistrict Superintendent Wayne Spriggs asking for prayer for Broze, saying, "it doesn't look good."
Broze tellsWNDthat Spriggs later admitted to him that he never passed on the prayer request, because unbeknownst to Broze, Spriggs had revoked the pastor's credentials due to the property battle, saying, "We didn't owe you any prayer."
Broze tellsWNDthat removing a pastor's credentials and decimating a congregation seem to be standard for theC&MAduring one of these "takeovers."
He said he remained silent for a long time because of concerns of how the infighting would look to nonbelievers. But he said now he believes it's better that the activities be exposed.
Smaha tellsWNDthat indeed, his pastor credentials have been revoked.
Smaha also says that theC&MAbylaws declare that a church be given 9-12 months to "fix" whatever the perceived problem is before the denomination acts on the reversionary clause. His congregation was denied even one day.
Broze said his congregation tried to help out before, when another church was being told to close.
"My congregation had to raise money to support a pastor and his 8-month pregnant wife in Malvern, Pa., after theC&MAevicted them from the parsonage, seized the church property and sold it to another church," Broze tellsWND
At least in that case the pastor was given a week to get out. Broze tellsWNDthat he was threatened with being evicted within an hour after he refused to cooperate with the "reversionary scheme" in his church.
Broze said when he declined to turn over the property deeds to Spriggs, he was told by Spriggs, "Joseph, I have full constituted authority over you. I can remove you as pastor, evict you and your family from the parsonage, dismiss the church board, change the locks, and you'll be out on the street."
Broze has served his inner city church for most of his life, many times in great peril, like the time he was mugged on the church steps and lost sight in one eye. He fell to his knees in prayer.
He tellsWNDthat he called Wiggins seeking help, and was told that he was on his own.
He says this was Wiggins' response.
"In a few months I will be out of this denomination position so I will tell you why. If I help Joseph Broze in this problem with Rev. Spriggs, people in this church will side with you and there will be division. The money that is coming to pay district workers and headquarters workers salaries like mine will be cut and money to the Great Commission Fund could be adversely affected.
"It would be far better for you and your family to be on the street than mess things up here."
Broze tellsWNDthat he started to cry and asked Wiggins one last time for help.
The reply?
"God will have to help you."
Broze tellsWND, "That $38 million a year fund was far more important to the denomination than a poor, half-blind pastor and his wife."
Meanwhile, those who have seen the actions of this denomination up close wonder how theChristian and Missionary Alliancechurch reconciles its current actions with that of its founders' vision back in the 1880s.
The history of their beginning goes like this:
The Alliance movement began in the 1880s when our founder, Dr. A.B. Simpson, witnessed the physical and spiritual plight of New York City's homeless, downtrodden, and marginalized populations.
Moved by his great love for Jesus and lost people, Simpson devoted his life to sharing Jesus' light – in word and deed – with the city and, ultimately, the nations.
Our calling remains unchanged. We are committed to being points of light – sharing good news to the poor, comforting the brokenhearted, proclaiming freedom for the captives and releasing prisoners from darkness – all in Jesus' name.
As for theParamusCommunity Church?
The court may defer to the denomination, and allow the 82-old church property to be acquired, but the congregation of people will go on.
Other churches in the area have offered their sanctuaries for use, and many secular buildings have been made available as well.
Smaha tellsWND, "Even if our fight doesn't help our church, maybe we can help some other congregation avoid a similar fate."
He suspects many congregations will review the relationship they have with their denomination after hearing about his plight inParamus.
Gary Maxwell · Top CommenterThis is a great picture of what you get when you cede control to a denomination. They are all man-made...God never started a one of them.
The actions of the noted denomination are deplorable.
If these folks would meet in house churches there would be little to no overhead, nobody threatening to take over your property, and no denominational, monetary chest to maintain.
Hence, the move to house churches continues unabated...
Craig Durham · Top Commenter · Workman HighDenominations may do evil -- or fail to resist same -- regarding church buildings and property, but city governments target house churches. The process usually starts with a complaint -- anonymous, of course -- about traffic or 'noise'. The end result can be cease-and-desist orders, multi-thousand dollar fines and/or threats of eviction or even arrest.
The sad fact is that Christians in today's world are only tolerated if they are low-profile. Begin to affect your community, begin to take back ground (and especially people) from Satan's grasp, and he will retaliate. One of his worst tactics is to use Christian against Christian. Of course there are 'wolves in sheep's clothing' as well, but there are also plenty of misguided believers who can be duped into furthering the cause of unrighteousness.
Thomas Rossi · Top Commenter · Sacramento, California
Glenn Cook · Top Commenter · Oregon Institute of TechnologyCan we get the office number and address of this WESTBOROUGH BAPTIST SATANIC HELL HOLE?!?!?
There needs to be a thousand man march on these people.
Matthew 7 20-23.
Sherry McKim · Top CommenterI would agree with you! AMEN! I'm not a big fan of organized Churches, but God willing God will give us free Churches, Free from legalisim, Free from the garbage that is still within the organized religion, Free from the pastors, legalized, non-sence; We are Set Free from legalized relgion. Free to Worship God and Jesus! Satan hates any kind o freedom. Denominations are not the problem-----------Free to worship God and Jeus!!!!!!!!!!!! This is what we should fight for not denominatons!!!!!!!!!!!!!!! No denomination can save you...........Faith ALONE, Grace ALONE! 
John Luther Barnhart · Top Commenter · Works at LutherSoftWhen God gave us freedom, it was freedom from SIN, not the law. (Romans 6) Legalism is the thought that being obedient will get you saved. Obedience doesn't lead to salvation, but salvation should lead to obedience. SIN is the problem here, not legalism. The district is in sin, namely theft.
We were slaves to sin, but now we have been set free to become slaves of righteousness. When we were slaves to sin, we had to obey our master. Now we are slaves to righteousness, and are able to be obedient to our new Master. Righteousness is obedience to the laws of God.
How can we be free from pastors? In Ephesians 4:11 it says that he gave some to be pastors. How can we be free from spiritual leadership?
Greg ThompsonSpiritual leadership and pastors are there to bring us to maturity, also read Ephesians 4:13. They are not in place to act as kings or lords over others. God did not want kings to rule over the Israelite people either. Leading someone to maturity through good works and godly example is a far different scenario than what many religious leaders have come to demand. Here is an example of why God did not want a man to have that kind of authority over another man.
There are prophets, apostles, elders, those who do miracles...where are these positions evident in modern churches. Today we have forsaken the gospel along with signs and wonders following to accept the opinions of a man. We have a form of godliness but deny the power. History shows that men chose to become slaves. Slaves follow their masters or get run over like what happened here. The law you talk about is from God to man, not man to man. And yes, Paul made it clear that Christ died to free us from the law as well. However, you are also correct that we will conform to who is our master. If we keep growing in love, then our master is Christ. These leaders you seem willing to defend are showing who their master is, and you would be a fool to continue to listen to liars and thieves instead of the living Lord Jesus Christ! Don't follow men, follow Christ.- Steven Blackledge · Top CommenterThe wages of sin is still death....We received grace to be reconciled to our Creator, not to continue in sin...Christ Jesus did not die in order for us to be free of the law, but the penalty of breaking it.....All have sinned and therefore we need the blood of Christ Jesus to save us from eternal death...We therefore work out our salvation, nor for it, in overcoming wrongdoing and developing the fruit of God's Holy Spirit..He should be guiding the saints, but as Greg Thompson pointed out too many congregations are being lead by "physical" mammon instead of the Bread of life who came forth from heaven above to save us from ourselves...
In Matt chapter 23 our Lord warns us about the leavening of the Pharisee's and reminds us that He is our Master, and Teacher....
Physical leadership is needed to guide and help and not to dictate over. And they themselve should be willing to learn from their brethren as well...Paul rebuked Peter for his hypocrisy concerning the gentiles and we are all not above any form of admonishment...Especially when it is needed....
Stay the course bethren for some think that they are spiritually wealthy and in no need of correction...Yet as Revelation chapter 3 point out to those who have a Laodician spirit, they are blind, naked and poor from a spiritual standpoint...
They do need prayers, as we all do in order that we ourselves do not fall into the same trap.....
Benjamin James Waldrep · Top Commenterwhen GOD is taken out of the equation its inevitable it will fail. why do churches need any alliance with any organization anyway? religion has done more harm, than good. people need to congregate ,but to serve GOD and no other purpose. it doesnt matter what your affiliation is as long as the goal is serving GOD and attaining salvation. being catholic,baptist,or presbyterian never saved anyone.only the grace of GOD, and the blood of jesus. anything man made is fallible , trust in JESUS and all will be good.- Thomas Rossi · Top Commenter · Sacramento, California
James Elkins · Top Commenter · Paragon, IndianaSatan is alive and well. Liberalism is destoying our churches and Christian Heritage. wake up America!!
Galen Sanford · Top Commenter · Salem, Oregon- Gary Maxwell · Top Commenter
Andy Cooper · Top Commenter · World Harvest Bible CollegeThere is a reason the home church movement gains in popularity every year. Let each man work out his own salvation in fear and trembling.
Debbie HolstonPraying the Lord's hand in this situation.
Madd Scientist · Top Commenter · CreightonTalk about persecution. What do you think is happening with a Muslim in the white house? This is just the beginning. I was persecuted for my faith. Faculty position was denied. Later, my homosexual assistant filed charges against me and got me fired because I could not approve her lifestyle. This had nothing to do with her work. But, she created this situation for me. Later, my secretary told me that she had to LIE about me to keep her job as she was supporting her lover. CMA must reevaluate their role in the church.
Yes, the state will revoke tax exempt status of the churches and churches will be shut down. The only option will be HOUSE CHURCHES similar to what the 1st century believers had.
Charles Church · Subscribe · Top Commenter · Owner/President at McGee Hearing Center, Chesterfield MO and St. Louis MOEcclesiastes 5:8
If thou seest the oppression of the poor, and violent perverting of judgment and justice in a province, marvel not at the matter: for he that is higher than the highest regardeth; and there be higher than they.
Tom LaGesse · Subscribe · Top CommenterIf it is the building and property the denomination want, and the congregation loses in court... burn it down to the ground as a congregation... and let all not be witness
William Keeley · Top Commenter
Read more:Court case determines church must shut downhttp://www.wnd.com/?pageId=382721#ixzz1i71OInvE
No comments:
Post a Comment